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| State of Tennessee v. James Brent Moubray
W2001-00214-CCA-R3-CD
The Defendant was convicted by a jury of possessing a firearm where alcoholic beverages are served, a Class A misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days to be served at seventy-five percent. The Defendant now appeals, arguing that the sentence imposed by the trial court was excessive. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge William B. Acree |
Weakley County | Court of Criminal Appeals | 02/14/02 | |
| Gloria Snow-Koledoye vs. Horace Mann Ins. Co.
M2000-02954-COA-R3-CV
This case involves a settlement of an insurance claim under the comprehensive coverage of an automobile insurance policy. Wife, named insured in the policy, sued the insurance company for breach of contract in delivering to husband a settlement check made jointly payable to wife and her husband, after husband apparently negotiated the check. Wife amended her complaint to name her ex-husband as an additional defendant, and he filed an answer to the complaint. In a nonjury trial, the trial court entered judgment for plaintiff-wife against the insurance company. Insurance company appealed. We vacate.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 02/14/02 | |
| Janet Goodart vs. Kamalin Kazmar-Grice
M2001-00663-COA-R3-CV
Former wife and children of decedent sued in the chancery court to enroll a foreign decree of divorce and, inter alia, to impose a constructive trust on proceeds of a Servicemen's Group Life Insurance policy payable to the decedent widow after the decedent prior to his death changed the policy beneficiary contrary to a marital dissolution agreement and final decree of divorce. The trial court granted summary judgment in favor of decedent widow. Former wife appealed. We affirm.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Leonard W. Martin |
Stewart County | Court of Appeals | 02/14/02 | |
| Ray C. Hall v. TN. Workers Credit Union
M2001-01346-COA-R3-CV
Husband and Wife obtained a loan from a credit union and pledged their home as security for the note under a Deed of Trust. The Deed of Trust required Husband and Wife to maintain property taxes and insurance on the property. The credit union foreclosed on the property after Husband and Wife continuously failed to maintain the taxes and insurance. Husband and Wife filed suit against the credit union, arguing that the agreement between the parties did not provide the remedy of foreclosure for mere nonpayment of taxes and insurance. The trial court granted summary judgment for the credit union. Because we find that the agreement between the parties provides the remedy of foreclosure for breach of any promise made under the agreement, including the promise to pay property taxes and insurance, we find that the trial court was correct in granting summary judgment for the credit union and affirm that decision.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/14/02 | |
| Bharat Gandhi v. William Rucker
M2001-00271-COA-R3-CV
This is an appeal by Defendant from denial by the trial court of a Rule 60.02 motion to set aside a judgment on the basis of mistake, inadvertence, surprise, or excusable neglect. The trial court denied the motion, and on consideration of the record, we reverse the judgment and remand the case for a trial on the merits.
Authoring Judge: Judge William B. Cain
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 02/14/02 | |
| Jerry Noe v. Melissa Noe (Barnes)
M2001-02223-COA-R3-CV
This is an appeal by the Wife in a divorce case complaining of the disposition of marital property. The Husband also complains about an award of alimony in solido against him. We affirm the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 02/14/02 | |
| Doug Jones vs. Eddie Gillette, Sr., et al
E2001-01499-COA-R3-CV
The defendants/appellants, Eddie Gillette, Sr., and Vivian Gillette, the maternal grandparents of A.B.J., contend that the trial court abused its discretion when it granted custody of A.B.J. to her father, the plaintiff/appellee, Doug Jones. The Gillettes further contend that the trial court abused its discretion when it denied their oral motion to stay enforcement of its judgment pending appeal and when it denied their oral motion to award them visitation pending appeal. We affirm the judgment of the trial court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. Michael D. Wright
M2001-00793-CCA-R3-CD
In this appeal, Defendant raises the following issues: (1) whether the trial court incorrectly applied two enhancement factors, thereby causing his sentences to be excessive, and (2) whether the trial court erred by ordering that certain of his sentences run consecutively. Following a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 02/14/02 | |
| James Randall Slaughter, et al. v. Duck River Electric Membership Corporation, et al.
M2000-00453-COA-R3-CV
This is an appeal from an order of the trial court granting a motion for summary judgment in favor of the defendant, Duck River Electric Membership Corporation and the third-party defendant, Osborne Electrical Contractors, Inc., on the ground that Duck River Electric Membership Corporation was a statutory employer for the purposes of the Tennessee Workers' Compensation Act at the time the plaintiff, James Randall Slaughter, received a severe electrical shock resulting in massive injuries. For the reasons herein stated, we affirm the judgment of the trial court and remand.
Authoring Judge: Chancellor Vernon Neal
Originating Judge:Robert L. Holloway |
Maury County | Court of Appeals | 02/14/02 | |
| Cox Oil vs. Lexington Beer Bd.
W2001-01489-COA-R3-CV
This is an action challenging the denial of a beer permit. The plaintiff business applied for a beer permit with the defendant beer board. The board denied the permit because plaintiff's location was within 500 feet of a church. This proximity to a church was in violation of a city ordinance. The plaintiff filed a writ of certiorari in the trial court, seeking a reversal of the board's decision because the 500-feet ordinance had been applied in a discriminatory manner. The trial court found that the board had allowed another establishment that was within 500 feet of a church to maintain its beer permit, and concluded that the board had therefore applied the ordinance in a discriminatory manner. Consequently, the denial of the plaintiff's beer permit was reversed. The board now appeals that order. We affirm, finding that the board had applied the ordinance in a discriminatory manner, and that the trial court did not err in reversing the denial of the plaintiff's beer permit.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 02/14/02 | |
| State of Tennessee v. Jerry McPeak, IV
W2001-00764-CCA-R3-CD
The Appellant, Jerry McPeak, IV, was convicted by a Madison County jury of aggravated robbery. On appeal, McPeak raises the following issues for our review: (1) Whether the evidence was sufficient to establish that the victim suffered serious bodily injury; (2) whether the evidence was sufficient to establish that the assault occurred during the act of robbery; and (3) whether McPeak was convicted solely upon the uncorroborated testimony of an accomplice. After review, we find the issues raised to be without merit and affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 02/14/02 | |
| Walter Fletcher v. Deanna M. Fletcher,
E2001-01223-COA-R3-JV
Authoring Judge: Judge David Michael Swiney
Originating Judge:John K. Wilson |
Hawkins County | Court of Appeals | 02/13/02 | |
| Services v. C.S.M. And L.M.M.
2000-02806-COA-R3-JV
Originating Judge:Darryl W. Edmondson |
Union County | Court of Appeals | 02/13/02 | |
| M.P.P.,al vs. D.L.K. In Re: C.E.P.
E2001-00706-COA-R3-CV
The stepfather, M.P.P. ("Stepfather"), and the biological mother, A.P.P. ("Mother"), of a minor child ("Child") filed a petition to terminate the parental rights of the Child's biological father, D.L.K. ("Father"), so that Stepfather could adopt the Child. When the Child was 17 months old, Father received a 130-month prison sentence. The Trial Court granted partial summary judgment as a matter of law to Mother and Stepfather and terminated Father's parental rights. Father appeals. We affirm, in part, and vacate, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 02/13/02 | |
| Peggy Gaston vs. Tennessee Farmers Mutual Ins.
E2001-01487-COA-R3-CV
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 02/13/02 | |
| Peggy Gaston vs. Tennessee Farmers Mutual Ins.
E2001-01487-COA-R3-CV
This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Lawrence H. Puckett |
McMinn County | Court of Appeals | 02/13/02 | |
| Jamie Mason vs. Charles Mason, Jr.
E2001-02208-COA-R3-CV
This appeal from the Chancery Court of Cocke County questions whether the Trial Court erred in failing to grant Mr. Mason standard visitation with his minor son. We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
|
Cocke County | Court of Appeals | 02/13/02 | |
| City of Collegedale vs. Hamilton County Water Treatment
E2001-02041-COA-R3-CV
This is a suit brought by the City of Collegedale, seeking a declaration that Hamilton County Wastewater and Wastewater Treatment Authority is required to arbitrate a dispute between them in connection with the City annexing certain property served by the Authority. The complaint also sought a declaration that in the event the City prevails the Authority would not be entitled to prosecute a suit to condemn and re-acquire the facilities in question. The Trial Judge found in favor of the City on both issues and the Authority appeals. We affirm in part and vacate in part.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/13/02 | |
| 2001-02185-COA-R3-CV
2001-02185-COA-R3-CV
Originating Judge:William E. Lantrip |
Roane County | Court of Appeals | 02/13/02 | |
| 2000-02521-COA-R3-CV
2000-02521-COA-R3-CV
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 02/13/02 | |
| Elizabeth Petty vs. State
E2001-02124-COA-R3-CV
In this action, the Commission found no contract between the parties and dismissed the claim. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Vance W. Cheek |
Court of Appeals | 02/13/02 | ||
| Mark Graham vs. Michael J. Mohr
E2001-00824-COA-R3-CV
These consolidated cases arise out of a two-vehicle accident. The jury returned a verdict in favor of Mark Graham, assigning 51% of the fault to Michael J. Mohr and 49% to Graham. Mohr appeals, raising issues pertaining to the propriety of the trial court's ruling excluding the testimony of the police officer who investigated the accident. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 02/12/02 | |
| Judith Silvey vs. Darrel Silvey
E2001-02007-COA-R3-CV
In this divorce action the Trial Court granted divorce ordered rehabilitative alimony, child support and divided the marital property. Issues on appeal include the valuation, classification and division of marital property and the award of alimony. We affirm in part, vacate in part and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:W. Frank Brown, III |
Hamilton County | Court of Appeals | 02/12/02 | |
| Lynn Hall, et al vs. Mark Bookout
E2001-01172-COA-R3-CV
Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/12/02 | |
| State of Tennessee v. Charles Damien Darden
W2001-01833-CCA-R3-CD
The Appellant, Charles Damien Darden, proceeding pro se, appeals as of right from an order of the Lake County Circuit Court denying his petition for the writ of habeas corpus. After a review of the record, we reverse the judgment of the trial court and remand for the appointment of counsel.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 02/12/02 |